Gradford v. Lignoski, et al.

Filing 4

ORDER to SHOW CAUSE Why Motion to Proceed In Forma Pauperis should not be Denied; Show Cause Response due within Twenty-One (21) Days signed by Magistrate Judge Jennifer L. Thurston on 6/12/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, 12 13 14 15 Plaintiff, v. LIGNOSKI, et al., Case No. 1:17-cv-00792-JLT (PC) ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS SHOULD NOT BE DENIED (Doc. 2) Defendants. 21-DAY DEADLINE 16 17 Plaintiff filed a motion to proceed in forma pauperis along with this civil rights action 18 pursuant to 42 U.S.C. ' 1983. However, it does not appear that Plaintiff meets the poverty 19 requirements for his motion to be granted. Instead, Plaintiff’s motion indicates that he receives 20 “SSI, $937.00 monthly, last received Dec. 1, 2016.” (Doc. 2, p. 1.) Further, the certificate from 21 the authorized officer at the institution of his incarceration indicates that during the past six 22 months the average monthly deposits to Plaintiff’s account was $302.45. (Id., p. 2.) 23 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 24 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I. 25 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “the same even-handed care must be 26 employed to assure that federal funds are not squandered to underwrite, at public expense, either 27 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material 28 1 1 part, to pull his own oar.” Doe v. Educ. Enrichment Sys., No. 15cv2628-MMA (MDD), 2015 2 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. Dec. 30, 2015) (citing Temple v. Ellerthorpe, 586 F. 3 Supp. 848, 850 (D.R.I. 1984)). “[T]he court shall dismiss the case at any time if the court 4 determines the allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). It appears that 5 Plaintiff has had sufficient funds over the last several months to be required to pay the filing fee 6 in full to proceed in this action. 7 Accordingly, it the Court ORDERS that, within 21 days of the date of service of this 8 order, Plaintiff must show cause why his in forma pauperis status should not be denied and this 9 action dismissed without prejudice to refiling with prepayment of the filing fee; alternatively, 10 Plaintiff may file a notice of voluntary dismissal. 11 IT IS SO ORDERED. 12 13 Dated: June 12, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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